Whitman v. Horton
The Superior Court of New York City
Appeal by defendant from a judgment entered upon the report of a referee. This is a suit in equity, brought by the plaintiffs as commission merchants, to foreclose by judicial sale, their lien on certain goods in their possession belonging to the defendant, their consignor ; and for a judgment for the amount of their over-advances. ■ The plaintiffs, as commission merchants, received from the defendant, between March 30, 1872, and January 6, 1876, a large quantity of woolen…
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Appeal by defendant from a judgment entered upon the report of a referee. This is a suit in equity, brought by the plaintiffs as commission merchants, to foreclose by judicial sale, their lien on certain goods in their possession belonging to the defendant, their consignor ; and for a judgment for the amount of their over-advances. ■ The plaintiffs, as commission merchants, received from the defendant, between March 30, 1872, and January 6, 1876, a large quantity of woolen goods, to be sold by them upon the usual commissions and charges; and from time to time they advanced to the defendant…
1Opinion of the Court
By the Court.—Horace Russell, J.
I have carefully examined the evidence, and am satisfied that, not only were the referee’s findings of fact sustained by evdence, in which case courts are not in the habit of reversing findings of fact, but that the weight of evidence clearly preponderated in favor of the findings of the referee.
The motion to dismiss the complaint was made at the close of the testimony upon two grounds. (1) That it did not state facts sufficient to constitute a cause of *534action. (2) That there was not' sufficient evidence to entitle the plaintiffs to the relief asked for. The…
2Cases cited9 opinions
- Knapp v. AlvordNew York Court of Chancery · 1843
- Peisch v. DicksonU.S. Circuit Court for the District of Massachusetts · 1815
- Gould v. ConwayNew York Supreme Court · 1871
- Gihon v. . StantonNew York Court of Appeals · 1854
- Bradford v. Kimberly & BraceNew York Court of Chancery · 1818
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